Hidden charges and overriding interests

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1. Are there any such hidden charges in your system? If so, please list them, and explain how a buyer can discover them. Explain if there is any simple way that the property can be freed from them.

In Lithuanian Land Register there can be data recorded regarding leases, prescriptive rights, easements and other servitudes, as well as public rights of way, public right to use the land. Also the data about trusts and rights of family members arising from the death of a previous owner (e.g. clawback) and selling contracts is stored in the register.

Data about financial charges, including tax or other debts incurred by previous owners, obligations to pay to maintain a shared facility, for example a road, drainage system or embankment may be found in the municipality.

Data about natural person’s insolvency is not collected, but about legal person’s insolvency data is stored in the Register of Legal Persons.

Records about rights to extract minerals or drill for oil or gas is collected in the Register of Underground resources.

Data on rights of occupiers, on liability to annual or other periodic payments is not collected. Information about pre-emption or compulsory purchase is not collected yet, but there’s a project of legal act to enable it.

2. Do any of these, or any other similar matters, have priority over a mortgage, where the lender was acting in good faith and was unaware of them? Explain if there is any simple way that the property can be freed from them.


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